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Chpt 13 Trustee filing motion for reconversion to chpt7

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We live in Maryland.

Filed for chpt7 in May 2003, Had to convert to a chpt13 in Oct. 2003 due to some unforeseen issues. Went to our 341 meeting on the 6th of Nov. We made our first payment that same week. It wasnt due till the 21st. It is showing up on account statement as cashed.

We just recieved in the mail today a letter from the chpt13 trustee where she is filing a motion with an attatched order for reconversion to the chpt7. Her reasons for this she explained in the letter are failure to file chpt13 plan 15 days from conversion date back in Oct. And for non payment.

I called the lawyer and she guarenteed me she would look into this by the morning. Meantime I know all were done and on time. I feel this must be an oversite by the trustees office. I have my bank statement to back up the paid payment.

Now, my question is this; If for some stupid reason that she is granted the motion to reconvert, where does it begin? Do we go back to the original filing date for the chpt7 which would be May of 2003, Or do we start all over with a new filing followed with another 341 meeting? As to be starting the proccess all over again.

Thanks in advance for any help that you can provide,


Senior Member
There would not be another 341 meeting and I believe the filing date for a converted 13 to 7 would show as the filing date for the Ch 13.


The reason we had to convert to a 13 in the first place was because, when we originaly filed for 7 back in may the trustee found loopholes in our new car loans that allowed him to strip us of those liens so that he could sell the vehicles to obtain what ever funds he could for the creditors.

So we descided to convert to a 13 in Oct. To save the vehicles. Now since that time the lien holders have filled thier voids where necessary to make the liens true. So, I guess my question to you is this, If the new reconversion back to the 7 date would be that of the recent 13 filing date and not go back to the original filing 7 date of May.

would they pick up from here and move forward with the 7? And can they still use the old information and proceed where they left off as far as the liens are conserned? Even though the lien holders made true on thier liens now? Could we still be facing loosing those vehicles? And would we have the same 7 trustee as before?

Thanks for all your help,

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